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Legally Speaking

Section D: Navigating Injury Claims When the At-Fault Driver is Uninsured or Unidentified

Although automobile insurance is mandatory in New Brunswick, the sad reality is that many drivers are uninsured.

Further, hit-and-run accidents are common, and the drivers are not always located or identified.

Accident victims (drivers, passengers or pedestrians) should know that there is coverage to pay their claims against the at-fault driver if the victims are occupants of an insured vehicle or have their own automobile policy.

In New Brunswick, your own insurance policy includes “Section D”, which provides for coverage in circumstances where you are injured in a motor vehicle accident and the person who caused the accident:

  1. Does not have insurance; or
  2. Left the scene of the accident without being identified.

When it is determined that the at-fault driver has no insurance or cannot be identified, Section D coverage is in place to make a claim, having your insurance company assume the role of the at-fault person.

Important things to note about Section D claims:

– It can be accessed under your own automobile insurance policy, even if the accident does not involve your vehicle (i.e. you are a passenger or a pedestrian);

– It can also be accessed by victims who do not have their own automobile policy, but fall under another’s (i.e. belonging to a parent);

– Section D claims will not impact premiums for the policy owner; and

– The maximum recovery that can be obtained under a Section D claim is $200,000.

If you have been injured in a motor vehicle accident and are concerned that the person at-fault has no insurance or you are unable to identify them, we encourage you contact a lawyer to advise you on your options.

Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.